The Two Faces of Child Support

By
Roscich & Martell Law Firm, LLC
|December 23, 2015

Under Illinois law, all parents, married or single, have a duty to financially
support their children. In the case of married parents, the law assumes,
rightly or wrongly, that this financial support takes place. Divorced
parents, and those who were never married, must often pay
child support. These financial provisions are among the very few that are commonplace
in almost all divorce decrees.

Failure to pay child support might mean the suspension of a drivers license
or professional license, a lien placed on certain property, and, if one
Illinois legislator has his way, the inability to participate in fantasy
sports leagues. So, it is important that child support be set at an equitable
level and paid in both a timely and verifiable manner.

Setting Support

Illinois is one of only nine percentage-of-income states, which simply
means that obligor parents pay a fixed percentage of their incomes based
on the number of children. Most all other states employ some variation
of the income-share model, which incorporates the income of both parents
when setting child support payments.

In The Land of Lincoln, there is a sliding scale that begins at 20 percent
for one child and ends at 50 percent for six or more children. The guideline
amounts are presumed to be reasonable, when taking into account the:

Financial needs of the children,

Resources of the custodial parent,

Educational needs of the children, and

Standard of living the children would have had if the parents were married.

Either party may request an adjustment based on these same factors, though
such variations are difficult to obtain. The amount may be modified upon
proof of changed circumstances, like a new job or a pay change.

Paying Support

The best way to pay support is via wage withholding, because payments are
transferred instantly and completely verifiable. If wage withholding is
not an option – for example, if the obligor is self-employed –
direct payment through the Attorney General's website is almost as
good. Sending paper checks to the Attorney General is also an option;
the checks must always clearly reflect the account number.

Direct obligor-to-obligee payments, or the agreement to assume certain
bills in lieu of paying cash support, is normally a bad idea for both
parties. Obligee parents find themselves financially dependent on another
person, and since the payments are not verifiable, obligors will have
trouble establishing a payment history when disputes arise later.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.